Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-21
THk HIGHER COURTS.
synopses OF Decisions Rendered 81 The
Present Tyler Sitting Of tbs
Higher Courts of Texas.
Gases Reversed aDd demanded, Dismissed,
Refoxm sd ana ) fiji rncd-RendSripss
In Long Delayed Casss.
Court OF appeals.

Correspondence OF the Gazette.
TYLER, Tax, Dec 17.-Andrew Lewis
VS. State; appeal from Bowie. Conviction
for theft OF money. The jury rendered
the following verdict: awe, the jury,
find the defendant, Andrew Lewis, guilty
of theft to the value Of one hundred (Sl00)
dollars in money, and assess his punish
ment at two CD years in the peniten-
tisry." Signed "W. II. Baird, fore
man." Held: This verdict IS sufficient
TO bar another pros ution, and will sup
port the judgment. Affirmed. Will
son, j.
Ferris Williams va. the State; appeal
from Ft. Bend. There are no bills Of K
cepsiop, and while the evidence is con-
fictipg, the jury passed upon the same,
snd we will not disturb their verdict.
There is no reversible error. Affirmed.
Wilson, j.
Ferris Williams VS.. the State; appeal
from Fort Bend. The indictment in this
csse was pleaded as follows:
State Of Texas, In the District OF
County Ft. Bend. ] said county, Septem-
Der term, A. D. 1887.
In the name and by the authority, etc.
It is objected that the indictment does
not begin, "Iu the name and by the
authority OF the state of Texas - Held:
The indictment is valid, as the heading is
not properly q part of the indictment. No
error. Affirmed. wilson, J.
Lulisn Evans VS.. tue State; appeal
from Gregg. The recOgnizsrce recites
that the appellant was convicted for Gun
lawfully Carrying q pistol" and the
Assistant Attorney General moves to dis
miss on the ground that the recognIZance
does not recite the sp. cifc offepse with
which the appellant is charged; this be-
ing conviction for "unlGwfully carrying
8 pistol on his person. Held: The
motion is well taken and the cause is dis
missed. Dismissed. Hurt, j
B. F. Dodson vs. the State; appeal
from Wood. We are Of opinion that the
evidence in this case shows conclusively
that il the crime Ct incest was committed
upon witness Rosa, she was principal in
the crime. Her testimony Was therefor
that Of en- accomplice, and being incor-
roborated, we ere Of opinion the evidence
does not support the verdict. Reversed
and remsnded. Wilson, j.
Wise County vs.. G 3. Pickett; appeal
from Wise. Where 8 county Judge and
the commissioners court combine for
the purpose CT defrsuding the county and
the court corruptly approves Illegal
claims OF said county judge. Held
| That the statute OF limitations would r0t
run while said commissioners were il
office. II is general principle of law
that limitation does not run in cases Of
fraud Until it is, or might have been dis
covered by reasonable diligence. But il
the claims were allowed in good faith by
the commissioners, the county can moi
recover it back in this suit, although the
commissioners may have allowed tht
claims without authority of law. Re-
versed and remanded. Hurt, J.
81. Schneider ct al. VS.. J. A. Camel
appeal from Mason. II the Court of APP.
peals sffirm q void Judgment, said judg-
ment will not acquire validity because o.
said affirmsnce. An injunction can prop
erly issue from the County court to en-
join the collection of void judgmen
which has been affirmed by :his court
The judgment will be reversed and ths
Injunction ordered dismissed. Hurt,